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NAGEL v. D & R REALTY CORP.

99 N.Y.2d 98 (2002)

782 N.E.2d 558

752 N.Y.S.2d 581

BRUCE NAGEL et al., Appellants, v. D & R REALTY CORP., Respondent.

Court of Appeals of the State of New York.

Decided November 14, 2002.

Attorney(s) appearing for the Case

David P. Kownacki, P.C., New York City (David P. Kownacki of counsel), for appellants.

Mauro Goldberg & Lilling LLP, Great Neck (Kenneth Mauro, Caryn L. Lilling and Madeleine C. Petrara of counsel), and Harms, Della Jacono & Finneran for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

SMITH, J.

The issue before this Court is whether a laborer injured while performing a two-year safety test on an elevator can recover under Labor Law § 241 (6). Because the protections of Labor Law § 241 (6) do not apply to claims arising out of maintenance of a building or structure outside of the construction context, such claims must fail.

Bruce Nagel was standing on top of an elevator, performing a two-year safety...

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